Will There Be Alimony (Family Maintenance) In Your Wisconsin Divorce?
Last updated on March 7, 2025
It is rare for two partners to contribute to their marriage in an identical way. Because of this, a divorce can mean financial hardship for the spouse who earned less money or even no money at all during the marriage. This can particularly sting if the individual left a high-paying career to be a homemaker. To avoid this type of stress, an individual can seek alimony — also known as family maintenance or spousal support — as part of his or her divorce settlement.
If you are going through a divorce, working with an experienced attorney like those at Hammett, Bellin & Oswald, LLC, could be the key to ensuring that you have what you need after your divorce is finalized. Our attorneys serve clients in Neenah as well as clients in Door County to ensure that their needs are fully understood, alimony is determined fairly and their rights are protected after their divorce.
How Is Alimony Calculated In Wisconsin?
Because every marriage is unique, there is no set alimony amount or specific formula for Wisconsin couples. Instead, the court considers a series of factors about a marriage to determine whether family maintenance is merited and if so what would be a fair amount. These factors include:
- The length of the marriage
- Each partner’s earning capacity
- The tax obligations an alimony order would impose on both parties
- The division of the couple’s property. Wisconsin is a community property state, which means that marital property is divided 50/50 in a divorce. However, the specific assets each partner received may play a role in determining a fair alimony amount
- Each partner’s financial contributions to the marriage, such as one party funding the other’s education
- Each party’s age and health
- Any existing agreements regarding alimony or property division included in a prenuptial agreement
In some cases, alimony is awarded for the remainder of the recipient’s life. In others, spousal support is awarded until the recipient becomes financially self-sufficient by completing a college education or vocational program. In most cases, an alimony order is terminated when the recipient remarries or enters a cohabitating relationship with a new partner.
Modifying An Alimony Order
If an individual cannot afford to make his or her alimony payments or if the payments are no longer sufficient to cover one’s needs, the individual may petition to modify his or her alimony order. To successfully have an order modified, he or she must submit documentation showing a change in circumstances, such as a job loss or a new relationship, to the court with his or her petition to modify the alimony order.
Work With An Experienced Divorce Lawyer
If you are going through a divorce or if you are in a position where you need to modify your current alimony arrangement, work with an experienced divorce lawyer who can determine the best course of action for you. Whatever you do, do not simply stop making your required alimony payments. Contact our family lawyers online or call 920-202-8872.
